ATTEMPTS to capitalise from the landmark ruling on unilateral conversions can backfire, said analysts, as the judgment sparks controversy ahead of the 14th general election.

Although religious issues are significant for some voters, past elections have shown that they rarely have an overwhelming impact on how a majority of Malaysians vote.

At the end of the day, concerns, such as cost of living, jobs, whether wages increase and government services, will be the top drivers of where the votes will go, they said.

This is not the first time a religious issue is being sparked close to an election, said analysts Dr Faisal Syam Hazis and Ibrahim Suffian, separately.

Before the March 2008 elections, Christian convert Lina Joy made headlines when she sued the government for refusing to remove the word “Islam” from her identity card.

Just weeks before the 2011 Sarawak elections, Putrajaya was embroiled in a legal tussle with Borneo churches when a shipment of Bahasa Malaysia and Bahasa Indonesia bibles were seized by the authorities.  

Lina Joy’s case did not sway most of the votes against Prime Minister Abdullah Ahmad Badawi in 2008, said Ibrahim of the independent polling think-tank the Merdeka Centre.

Similarly, the Sarawak bibles case also failed to swing votes from the Christian Dayak populace away from Sarawak Barisan Nasional, said Faisal of Universiti Kebangsaan Malaysia.

“There will be many issues going into these elections. It’s going to be very noisy,” said Faisal, of UKM’s Asian Studies Centre.

“But ultimately, people vote according to some fundamental factors. This issue will not be as significant as the other fundamentals.”

Clause 88A

A day before the Hindu festival of Thaipusam, the Federal Court declared that the unilateral conversion of three Hindu children to Muslims by their father was null and void.

The ruling in the nine-year legal battle of M. Indira Gandhi was a landmark judgment as it effectively meant both non-Muslim parents must consent if their child is to be converted to Islam.

The issue of whether the laws allow for one non-Muslim parent or both parents to convert their children to Muslims sparked controversy among Muslim leaders, political parties and groups.

At the same time, non-Muslims have demanded that the government forbid unilateral conversions of non-Muslim children by one parent.

The government is mulling amending the Law Reform (Marriage and Divorce (LRA) which deals with non-Muslim marriages to take into account the Federal Court judgment.

This would include reintroducing Clause 88A which states: the religion of the child shall remain as the religion of all parties to the marriage prior to the conversion.

The clause also states that the child can, after turning 18, and with the consent of both parents, convert to Islam.

Clause 88A would prevent the unilateral conversion of a child by one Muslim parent.  

However, PAS and conservative Muslim groups have opposed the introduction of 88A, claiming that it went against Muslim interests.

In a post on PAS mouth piece Harakahdaily online, its information chief, Nasrudin Hassan, said the Islamist party will oppose any attempt to bring back 88A in the LRA.

In another post, Kelantan PAS leader Nik Bahrum Nik Abdullah said the only way to prevent the return of 88A is to increase the number of PAS lawmakers.

A mixed bag

The issue comes as PAS, Umno and Pakatan Harapan parties each attempts to secure as many of the Malay-Muslim vote in GE14.

Ibrahim said if PAS chooses to play up the issue, it would only harden support among its hardcore supporters.

“Depending on how they play up the issue, it could also increase their support among non-partisan religiously minded Muslim voters,” he said.

Faisal of UKM said the issue could also be played along the lines of protecting Malay-Muslim rights, a concern that has some traction among Malay-Muslim voters.

A Merdeka Centre survey last year showed that Malay rights still topped the list of important concerns for one third (37.4%) of all Malay voters.

“But it is questionable whether this issue will have a significant impact on the elections. Voters are still primarily concerned with cost of living, the economy, shrinking democratic space and corruption.”

On the other hand, moderate Muslim voters could turn away from PAS if they feel that the Islamist party is manipulating the issue to gain votes.

“It’s a mixed bag. They can get some traction with the issue but I doubt that they can increase their votes. It can also repel potential voters if they are seen as politicising religion,” said Ibrahim. – February 2, 2018.